Convictions for kidnapping reversed when the movement of the victim was merely incidental to the crime of robbery. Two robbers assaulted homeowner at the front door and beat him before moving him upstairs to open the safe and then back downstairs to the kitchen to tie him up. The convictions for kidnapping were reversed because the movements up and down the stairs were not “substantial” and merely incidental to the crime of robbery. The court also vacated PC 186.22(b) and PC 12022.53(e)(1) enhancements because the jury was not instructed the predicate offenses must have “commonly benefited [the] criminal street gang, and the common benefit from the offenses is more than reputational,” as required by PC 186.22(e)(1), as amended by AB 333. Remanded for full resentencing.

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/G062749.PDF